Public Funds-General-City: Regardless of new technology or public health crises, a city may not use public funds to advocate for one side of a ballot question. Minn. Const. Art. 10 § 1, Minn. Stat. §§ 10.60, 412.211 355a (Cr. Ref. 159a-3, 442a-20) October 27, 2020 VIA EMAIL: mmanders@bloomingtonmn.gov Melissa Manderschied Bloomington City Attorney 1800 W. Old Shakopee Road Bloomington, MN 55431-3027 RE: Question of Interpretation of Op. Att’y Gen. 159a-3 (May 24, 1966) Ms. Manderschied: Thank...
Elections-Ballots-General: Marking-Rules: Section 208 of the VRA preempts the prohibition on a candidate assisting a voter and the prohibition on a person assisting more than three voters in an election, as set forth in Minn. Stat. § 204C.15, subd 1. Any enforcement of these prohibitions would violate the Supremacy Clause of the U.S. Constitution. 28a-6 cr ref 185a-5; 385a) May 7, 2020 Steve Simon Minnesota Secretary of State 180 State Office Building 100 Rev. Dr. Martin Luther King, Jr. Blvd....
185a-5 (cr ref. 385a) SECRETARY OF STATE: ELECTIONS: POLLING PLACES: County auditors may designate voting site(s) for early voting in three ways: (1) absentee balloting alone during entire 46-day period before election; (2) both ballot counter-ballot box voting and absentee balloting during 7-day period before election; or (3) absentee balloting during 46-day period, with additional voter option of ballot counter- ballot box voting during final 7 days of period. Minn. Stat. § 203B.081, subds. 1,...
Elections-Challengers: Challengers do not have any role or authority within the ballot-board process. 182 (cr ref 183) October 16, 2020 Bibi Black Office of the Secretary of State 180 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 Re: Request for Opinion Concerning Challengers in Ballot Board Proceedings Dear Ms. Black: I thank you for your October 5, 2020 letter requesting an opinion regarding an issue pertaining to Minnesota election statutes. BACKGROUND...
PUBLIC UTILITIES: ELECTRICITY – LIGHT & POWER: DELINQUENT BILLS: Municipal utilities must use reasonable methods to compel payment for services and utility service may not be disconnected other than for good cause. Op. Atty. Gen. 624c-4 (Nov. 2, 1938) superseded. 624c-4 (cr.ref. 624d-5) John T. Shockley May 16, 2019 Page 2 Courts in other states have discussed the methods municipal utilities may or may not use to enforce the collection of fees or utility charges. As you noted in your letter,...
PUBLIC UTILITIES: ELECTRICITY – LIGHT & POWER: DELINQUENT BILLS: Municipal utilities must use reasonable methods to compel payment for services and utility service may not be disconnected other than for good cause. Op. Atty. Gen. 624c-4 (Nov. 2, 1938) superseded. 624c-4 (cr.ref. 624d-5)
PUBLIC UTILITIES: ELECTRICITY – LIGHT & POWER: DELINQUENT BILLS: Municipal utilities must use reasonable methods to compel payment for services and utility service may not be disconnected other than for good cause. Op. Atty. Gen. 624c-4 (Nov. 2, 1938) superseded. 624c-4 (cr.ref. 624d-5)
SCHOOL PUPILS: GRADUATION: FEES: Public schools are prohibited from denying students – who are eligible to receive their diploma – the opportunity to participate in graduation ceremonies due to unpaid meal debts. 169j (cr.ref. 169x) STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL 102 STATE CAPITOL ST. PAUL, MN 55155-1609 KEITH ELLISON TELEPHONE: (651) 296-6197 ATTORNEY GENERAL May 14, 2019 Mary Cathryn Ricker Commissioner Minnesota Department of Education 1500 Highway 36 West Roseville MN...
SCHOOL PUPILS: GRADUATION: FEES: Public schools are prohibited from denying students – who are eligible to receive their diploma – the opportunity to participate in graduation ceremonies due to unpaid meal debts. 169j (cr.ref. 169x) STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL 102 STATE CAPITOL ST. PAUL, MN 55155-1609 KEITH ELLISON TELEPHONE: (651) 296-6197 ATTORNEY GENERAL May 14, 2019 Mary Cathryn Ricker Commissioner Minnesota Department of Education 1500 Highway 36 West Roseville MN...
LEGISLATURE: LIEUTENANT GOVERNOR: INCOMPATIBLE OFFICES: Last elected president of state senate becomes lieutenant governor as a result of vacancy in that position; strong argument can be made president of senate cannot simultaneously serve as state senator and lieutenant governor in light of lieutenant governor’s executive branch functions. Minn. Const. art. IV §§ 5, 15, art. V §§ 3, 5 (2017); Minn. Stat. §§ 3.05, 4.04, subd. 2, 9.011, 15B.03 (2016). 280k STATE OF MINNESOTA OFFICE OF THE...
LEGISLATURE: LIEUTENANT GOVERNOR: INCOMPATIBLE OFFICES: Last elected president of state senate becomes lieutenant governor as a result of vacancy in that position; strong argument can be made president of senate cannot simultaneously serve as state senator and lieutenant governor in light of lieutenant governor’s executive branch functions. Minn. Const. art. IV §§ 5, 15, art. V §§ 3, 5 (2017); Minn. Stat. §§ 3.05, 4.04, subd. 2, 9.011, 15B.03 (2016). 280k STATE OF MINNESOTA OFFICE OF THE...
LEGISLATIVE: MEMBERS: Privilege from arrest during session does not apply to criminal conduct. Minn. Const. art. IV, § 10. 280l-1 (Cr. Ref. 86a-16) The Honorable Ron Latz April 22, 2014 Page 2 also stated: "As members can only be arrested, during a session of the legislature, for treason, felony, and breach of the peace, does it not necessarily follow that they could not be anested during such time for the most serious misdemeanors, unless such ones as may be included in the term 'breach of...
LEGISLATIVE: MEMBERS: Privilege from arrest during session does not apply to criminal conduct. Minn. Const. art. IV, § 10. 280l-1 (Cr. Ref. 86a-16) The Honorable Ron Latz April 22, 2014 Page 2 also stated: "As members can only be arrested, during a session of the legislature, for treason, felony, and breach of the peace, does it not necessarily follow that they could not be anested during such time for the most serious misdemeanors, unless such ones as may be included in the term 'breach of...
AUCTIONEERS: LICENSES: COUNTIES: Time-limited online auction sales are not subject to auctioneer-licensing requirements. Minn. Stat. §§ 330.01-330.13 (2012). 16-b October 17, 2014 Thomas M. Canan Sr. Assistant Olmsted County Attorney 151 4th Street SE Rochester, MN 55904-3710 Re: Application of Auctioneer Licensing Laws to Online Auctions Dear Mr. Canan: I thank you for your correspondence received on September 4, 2014 and speaking with me on October 7, 2014. You ask whether Minnesota law...
AUCTIONEERS: LICENSES: COUNTIES: Time-limited online auction sales are not subject to auctioneer-licensing requirements. Minn. Stat. §§ 330.01-330.13 (2012). 16-b October 17, 2014 Thomas M. Canan Sr. Assistant Olmsted County Attorney 151 4th Street SE Rochester, MN 55904-3710 Re: Application of Auctioneer Licensing Laws to Online Auctions Dear Mr. Canan: I thank you for your correspondence received on September 4, 2014 and speaking with me on October 7, 2014. You ask whether Minnesota law...
TAX SALES: FORFEITED LAND: PURCHASE BY MUNICIPALITY: Conveyance of tax-forfeited land by the State of Minnesota to a Township for public park purposes does not supersede a prior Declaration on the property restricting the use of the property to private, residential purposes and therefore, use of the property as a public park is prohibited. Minn. Stat. § 282.01, subd. 6 (2012). 425c-11 April 18, 2013 Mr. Robert T. Ruppe Couri & Ruppe, P.L.L.P. 705 Central Avenue East P.O. Box 369 St. Michael, MN...
TAX SALES: FORFEITED LAND: PURCHASE BY MUNICIPALITY: Conveyance of tax-forfeited land by the State of Minnesota to a Township for public park purposes does not supersede a prior Declaration on the property restricting the use of the property to private, residential purposes and therefore, use of the property as a public park is prohibited. Minn. Stat. § 282.01, subd. 6 (2012). 425c-11 April 18, 2013 Mr. Robert T. Ruppe Couri & Ruppe, P.L.L.P. 705 Central Avenue East P.O. Box 369 St. Michael, MN...
SCHOOL ELECTIONS: PETITIONS: Petition Rules promulgated by the Secretary of State generally apply to petition for school district referendum. School district clerks should perform the functions of “filing officer under those rules.:” Minn Stat. §§ 204B.071, 205A.05, subd. 1, 205A.13 (2006); Minn. R. ch. 8205 185-b (Cr.Ref. to 159-a-3) June 15, 2007 Paul C. Ratwik Julia H. Halbach Ratwik, Roszak & Maloney, P.A. Suite 300, 730 Second Avenue South Minneapolis, MN 55402 Dear Mr. Ratwik and Ms....
SCHOOL ELECTIONS: PETITIONS: Petition Rules promulgated by the Secretary of State generally apply to petition for school district referendum. School district clerks should perform the functions of “filing officer under those rules.:” Minn Stat. §§ 204B.071, 205A.05, subd. 1, 205A.13 (2006); Minn. R. ch. 8205 185-b (Cr.Ref. to 159-a-3) June 15, 2007 Paul C. Ratwik Julia H. Halbach Ratwik, Roszak & Maloney, P.A. Suite 300, 730 Second Avenue South Minneapolis, MN 55402 Dear Mr. Ratwik and Ms....
GOVERNMENT DATA: CANDIDATES FOR PUBLIC OFFICE: Criminal history data collected by city on council candidates is not private “applicant” data under Minn. Stat. § 13.43 (2004). Authority of city to collect such data questioned, Minn. Stat. §§ 13.03, 13.43, 13.601. 852 (Cr. ref. 64, 184-a) October 6, 2006 Michael J. Waldspurger Kimberly K. Sobieck Ratwik, Roszak & Maloney, P.A. 300 U.S. Trust Building 730 Second Avenue South Minneapolis, MN 55402 Dear Mr. Waldspurger and Ms. Sobieck: Thank you for...
